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Whorton v. Bockting
No. 05-595
Title:
    Glen Whorton, Director, Nevada Department of Corrections v. Marvin Howard Bockting
Subject:
    Sixth Amendment, Testimonial Hearsay, Retroactivity
Question:
  1. Whether, in direct conflict with the published opinions of the Second, Sixth, Seventh, and Tenth Circuits, the Ninth Circuit erred in holding that this court's decision in Crawford v. Washington, 541 U.S. 36 (2004) regarding the admissibility of testimonial hearsay evidence under the Sixth Amendment, applies retroactively to cases on collateral review.

  2. Whether the Ninth Circuit's ruling that Crawford applies retroactively to cases on collateral review violates this court' ruling in Teague v. Lane, 489 U.S. 288 (1989).

  3. Whether, in direct conflict with the published decisions of the Fourth and Seventh Circuits, the Ninth Circuit erred in holding that 28 U.S.C. section 2254(d)(1) and (2) adopted the Teague exceptions for private conduct which is beyond criminal proscription and watershed rules.
Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner Glen Whorton, Director,
Nevada Department of Corrections:

Gerald J. Gardner
Chief Deputy Attorney General
Las Vegas, NV
For Respondent Marvin Howard Bockting:
Franny A. Forsman
Federal Public Defender for District of Nevada
Reno, NV


 

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